TEXAS RULES OF APPELLATE PROCEDURE
TEXAS RULES OF APPELLATE PROCEDURE
Table of Contents
SECTION ONE. GENERAL PROVISIONS
Rule 1. Scope of Rules; Local Rules of Courts of Appeals
1.1. Scope.
1.2. Local Rules (a) Promulgation. (b) Copies. (c) Party's Noncompliance.
Rule 2. Suspension of Rules
Rule 3. Definitions; Uniform Terminology
3.1. Definitions
3.2. Uniform Terminology in Criminal Cases
Rule 4. Time and Notice Provisions
4.1. Computing Time (a) In General. (b) Clerk's Office Closed or Inaccessible.
4.2. No Notice of Trial Court's Judgment in Civil Case (a) Additional Time to File Documents. (1) In general. (2) Exception for restricted appeal. (b) Procedure to Gain Additional Time. (c) The Court's Order.
4.3. Periods Affected by Modified Judgment in Civil Case (a) During Plenary-Power Period. (b) After Plenary Power Expires.
4.4. Periods Affected When Process Served by Publication
4.5. No Notice of Judgment or Order of Appellate Court; Effect on Time to File Certain Documents (a) Additional Time to File Documents. (b) Procedure to Gain Additional Time.
(c) Where to File. (d) Order of the Court.
Rule 5. Fees in Civil Cases
Rule 6. Representation by Counsel
6.1. Lead Counsel (a) For Appellant. (b) For a Party Other Than Appellant. (c) How to Designate.
6.2. Appearance of Other Attorneys
6.3. To Whom Communications Sent
6.4. Nonrepresentation Notice (a) In General. (b) Appointed Counsel.
6.5. Withdrawal (a) Contents of Motion. (b) Delivery to Party. (c) If Motion Granted. (d) Exception for Substitution of Counsel.
6.6. Agreements of Parties or Counsel
Rule 7. Substituting Parties
7.1. Parties Who Are Not Public Officers (a) Death of a Party. (1) Civil Cases. (2) Criminal Cases. (b) Substitution for Other Reasons.
7.2. Public Officers (a) Automatic Substitution of Officer. (b) Abatement.
Rule 8. Bankruptcy in Civil Cases
8.1. Notice of Bankruptcy
8.2. Effect of Bankruptcy
8.3. Motion to Reinstate or Sever Appeal Suspended by Bankruptcy (a) Motion to Reinstate.
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(b) Motion to Sever.
Rule 9. Documents Generally
9.1. Signing (a) Represented Parties. (b) Unrepresented Parties. (c) Electronic Signatures.
9.2. Filing (a) With Whom. (b) Filing by Mail. (1) Timely Filing. (2) Proof of Mailing. (c) Electronic Filing.
9.3. Number of Copies; Electronic Copies (a) Courts of Appeals. (b) Supreme Court and Court of Criminal Appeals. (c) Exception for Record.
9.4. Form (a) Printing. (b) Paper Type and Size. (c) Margins. (d) Spacing. (e) Typeface. (f) Binding and Covering. (g) Contents of Cover. (h) Appendix. (i) Length. (j) Electronically Filed Documents. (k) Nonconforming Documents.
9.5. Service (a) Service of All Documents Required. (b) Manner of Service. (c) When complete. (d) Proof of Service. (e) Certificate Requirements.
9.6. Communications with the Court
9.7. Adoption by Reference
9.8. Protection of Minor's Identity in Parental-Rights Termination Cases and Juvenile Court Cases
(a) Alias Defined. (b) Parental-Rights Termination Cases. (c) Juvenile Court Cases. (d) No Alteration of Appellate Record.
9.9. Privacy Protection for Documents Filed in
Civil Cases (a) Sensitive Data Defined. (b) Filing of Documents Containing Sensitive Data Prohibited. (c) Redaction of Sensitive Data; Retention Required. (d) Notice to Clerk. (e) Restriction on Remote Access.
9.10. Privacy Protection for Documents Filed in Criminal Cases (a) Sensitive Data Defined. (b) Redacted Filings. (c) Exemptions from the Redaction Requirement. (d) Redaction Procedures. (e) Certification. (f) Reference List. (g) Sealed materials. (h) Waiver of Protection of Identifiers.
Rule 10. Motions in the Appellate Courts
10.1. Contents of Motions; Response (a) Motion. (b) Response.
10.2. Evidence on Motions
10.3. Determining Motions (a) Time for Determination. (b) Reconsideration.
10.4. Power of Panel or Single Justice or Judge to Entertain Motions (a) Single Justice. (b) Panel.
10.5. Particular Motions (a) Motions Relating to Informalities in the Record. (b) Motions to Extend Time. (1) Contents of Motion in General. (2) Contents of Motion to Extend Time to File Notice of Appeal. (3) Contents of Motion to Extend Time to File Petition for Review or Petition for Discretionary Review. (c) Motions to Postpone Argument.
Rule 11. Amicus Curiae Briefs
Rule 12. Duties of Appellate Clerk
12.1. Docketing the Case
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12.2. Docket Numbers (a) Numbering System. (b) Numbering Order. (c) Multiple Notices of Appeal. (d) Appeals Not Yet Filed.
12.3. Custody of Papers
12.4. Withdrawing Papers
12.5. Clerk's Duty to Account
12.6. Notices of Court's Judgments and Orders
Rule 13. Court Reporters and Court Recorders
13.1. Duties of Court Reporters and Recorders
13.2. Additional Duties of Court Recorder
13.3. Priorities of Reporters
13.4. Report of Reporters
13.5. Appointing Deputy Reporter
13.6. Filing of Notes in a Criminal Case
Rule 14. Recording and Broadcasting Court Proceedings
14.1. Recording and Broadcasting Permitted
14.2. Procedure (a) Request to cover Court proceeding. (b) Response. (c) Court May Shorten Time. (d) Decision of Court.
14.3. Equipment and Personnel
14.4. Enforcement
Rule 15. Issuance of Writ or Process by Appellate Court
15.1. In General (a) Signature Under Seal. (b) To Whom Directed; by Whom Served. (c) Return; Lack of Execution; Simultaneous Writs.
15.2. Appearance Without Service; Actual Knowledge
Rule 16. Disqualification or Recusal of Appellate Judges
16.1. Grounds for Disqualification
16.2. Grounds for Recusal
16.3. Procedure for Recusal (a) Motion. (b) Decision. (c) Appeal.
Rule 17. Court of Appeals Unable to Take Immediate Action
17.1. Inability to Act
17.2. Nearest Available Court of Appeals
17.3. Further Proceedings
Rule 18. Mandate
18.1. Issuance (a) In the Court of Appeals. (b) In the Supreme Court and the Court of Criminal Appeals. (c) Agreement to Issue.
18.2. Stay of Mandate
18.3. Trial Court Case Number
18.4. Filing of Mandate
18.5. Costs
18.6. Mandate in Accelerated Appeals
18.7. Recall of Mandate
Rule 19. Plenary Power of the Courts of Appeals and Expiration of Term
19.1. Plenary Power of Courts of Appeals
19.2. Plenary Power Continues After Petition Filed
19.3. Proceedings After Plenary Power Expires
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19.4. Expiration of Term
Rule 20. When Party is Indigent
20.1. Civil Cases (a) Costs Defined. (b) When a Statement Was Filed in the Trial Court. (1) General Rule; Status in Trial Court Carries Forward. (2) Establishing the Right to Proceed Under the General Rule. (3) Exception; Material Change in Circumstances. (c) When No Statement Was Filed in the Trial Court.
20.2. Criminal Cases
SECTION TWO. APPEALS FROM TRIAL COURT JUDGMENTS AND ORDERS
Rule 21. New Trials in Criminal Cases
21.1. Definitions (a) New Trial. (b) New Trial on Punishment.
21.2. When Motion for New Trial Required
21.3. Grounds
21.4. Time to File and Amend Motion (a) To file. (b) To Amend.
21.5. State May Controvert; Effect
21.6. Time to Present
21.7. Types of Evidence Allowed at Hearing
21.8. Court's Ruling (a) Time to Rule. (b) Ruling. (c) Failure to Rule.
21.9. Granting a New Trial
Rule 22. Arrest of Judgment in Criminal Cases
22.1. Definition
22.2. Grounds
22.3. Time to File Motion
22.4. Court's Ruling (a) Time to Rule; Form of Ruling. (b) Failure to Rule.
22.5. Effect of Denying
22.6. Effect of Granting (a) Defendant Restored. (b) Defendant Discharged or Remanded.
Rule 23. Nunc Pro Tunc Proceedings in Criminal Cases
23.1. Judgment and Sentence
23.2. Credit on Sentence
Rule 24. Suspension of Enforcement of Judgment Pending Appeal in Civil Cases
24.1. Suspension of Enforcement (a) Methods. (b) Bonds. (c) Deposit in Lieu of Bond. (1) Types of Deposits. (2) Amount of Deposit. (3) Clerk's Duties; Interest. (d) Conditions of Liability. (e) Orders of Trial Court. (f) Effect of Supersedeas.
24.2. Amount of Bond, Deposit, or Security (a) Type of Judgment. (1) For Recovery of Money. (2) For Recovery of Property. (3) Other Judgment. (4) Conservatorship or Custody. (5) For a Governmental Entity. (b) Lesser Amount. (c) Determination of Net Worth. (1) Judgment Debtor's Affidavit Required; Contents; Prima Facie Evidence. (2) Contest; Discovery. (3) Hearing; Burden of Proof; Findings; Additional Security. (d) Injunction.
24.3. Continuing Trial Court Jurisdiction; Duties of Judgment Debtor (a) Continuing Jurisdiction. (b) Duties of Judgment Debtor.
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24.4. Appellate Review (a) Motions; Review. (b) Grounds of Review. (c) Temporary Orders. (d) Action by Appellate Court. (e) Effect of Ruling.
Rule 25. Perfecting Appeal
25.1. Civil Cases. (a) Notice of Appeal. (b) Jurisdiction of Appellate Court. (c) Who Must File Notice. (d) Contents of Notice. (e) Service of Notice. (f) Clerk's Duties. (g) Amending the Notice. (h) Enforcement of Judgment Not Suspended by Appeal.
25.2. Criminal Cases (a) Rights to Appeal. (1) Of the State. (2) Of the Defendant. (b) Perfection of Appeal. (c) Form and Sufficiency of Notice. (d) Certification of Defendant's Right of Appeal. (e) Clerk's Duties. (f) Amending the Notice. (g) Effect of Appeal. (h) Advice of Right of Appeal.
Rule 26. Time to Perfect Appeal
26.1. Civil Cases
26.2. Criminal Cases (a) By the Defendant. (b) By the State.
26.3. Extension of Time
Rule 27. Premature Filings
27.1. Prematurely Filed Notice of Appeal (a) Civil Cases. (b) Criminal Cases.
27.2. Other Premature Actions
27.3. If Appealed Order Modified or Vacated
Rule 28. Accelerated, Agreed, and Permissive Appeals in Civil Cases
28.1. Accelerated Appeals (a) Types of Accelerated Appeals. (b) Perfection of Accelerated Appeal. (c) Appeals of Interlocutory Orders. (d) Quo Warranto Appeals. (e) Record and Briefs.
28.2. Agreed Interlocutory Appeals in Civil Cases (a) Perfecting Appeal. (b) Other Requirements. (c) Contents of Notice. (d) Determination of Jurisdiction. (e) Record; Briefs. (f) No Automatic Stay of Proceedings in Trial Court.
28.3. Permissive Appeals in Civil Cases. (a) Petition Required. (b) Where Filed. (c) When Filed. (d) Extension of Time to File Petition. (e) Contents. (f) Response; Reply; Cross-Petition; Time for Filing. (g) Length of Petition, Cross-Petition, Response, and Reply. (h) Service. (i) Docketing Statement. (j) Time for Determination. (k) When Petition Granted.
28.4. Accelerated Appeals in Parental Termination and Child Protection Cases (a) Application and Definitions. (b) Appellate Record. (c) Remand for New Trial.
Rule 29. Orders Pending Interlocutory Appeal in Civil Cases
29.1. Effect of Appeal
29.2. Security
29.3. Temporary Orders of Appellate Court
29.4. Enforcement of Temporary Orders
29.5. Further Proceedings in Trial Court
29.6. Review of Further Orders (a) Motion to Review Further Orders. (b) Record.
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